Putting Your Digital Estate Plan in Place
Key takeaways:
- Why do you need a digital estate plan?
- What you should do ahead of time
- What you can do now
- What may be included in the plan
- Coordinate your plan
Why do you need a digital estate plan?
Digital Estate Planning matters in today’s world. Much of our financial records, personal files, photographs, and accounts now exist primarily online.
Have you stopped to consider what happens to that information if you become incapacitated or die?
Sharing passwords may not do the trick or give legal authority for someone to use your account. A plan should be put in place to ensure that your digital legacy is protected.
What You Should Decide Ahead of Time
- What should be preserved or shared
- What should be transferred or closed
- What should be deleted or kept private
- Whether platform rules limit access or transfer
What You Can Do Now
- Create a secure inventory of important accounts and records
- Organize passwords, device passcodes, and recovery information
- Back up irreplaceable files and photographs
- Review legacy contact and inactive account settings
- Align platform directions with estate planning documents
What May Be Included
- Email and social media accounts
- Cloud storage, digital photos, and electronic records
- Online business accounts, websites, and domain names
- Cryptocurrency, reward points, and subscription accounts
Coordinate Your Plan
- Ask whether your will, trust, or power of attorney addresses digital assets and electronic communications
- Tell a trusted person where your inventory and instructions are stored
- Review the plan as accounts, technology, and your wishes change
Content provided by Focus Financial Partners, LLC
See also:
- Five Steps for Creating a Digital Estate Plan
- Recorded Webinar: Estate Planning Basics and What You Need to Know About Digital Assets
This is for informational purposes only and should not be construed as specific investment, tax, or legal advice. The information provided does not purport to present a complete picture, but Focus believes the information is representative of issues and needs facing some clients. Individuals should seek advice from their wealth advisor or other advisors before undertaking actions in response to the matters discussed. No client or prospective should assume the above information serves as the receipt of, or substitute for, personalized individual advice.
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Sources:
Uniform Law Commission, Revised Uniform Fiduciary Access to Digital Assets Act (2015), Final Act with Comments Uniform Law Commission, Fiduciary Access to Digital Assets Act — Committee Archive
Uniform Law Commission, Revised Uniform Fiduciary Access to Digital Assets Act — Legislative Bill Tracking Delaware Code, Title 12, Chapter 50 — Fiduciary Access to Digital Assets and Digital Accounts
U.S. Code, 18 U.S.C. § 2702 — Voluntary Disclosure of Customer Communications or Records Kitces, How RUFADAA Is Changing Digital Estate Planning
Kitces, Why Managing Digital Assets Is Critical in Estate Planning Morningstar, Helping Clients Manage Their Digital Estate Plans American Bar Association, How to Protect Digital Assets in an Estate Plan
National Institute of Standards and Technology, Digital Identity Guidelines, SP 800-63-4 Internal Revenue Service, Digital Assets